Leave of Absence (Paid and Unpaid)
Applications for leave of absence of not more than seven days should be made to the applicable dean; applications for leave of absence for more than seven days require the approval of the Office of the Provost.
A leave of absence may not be granted to a faculty member who has accepted a tenured appointment elsewhere. Leaves of absence for faculty performing services and/or payrolled outside of the United States may vary.
The salary of a Tenured/Tenure Track Faculty or a Full-Time Continuing Contract Faculty member may be continued for up to six months at the discretion of the dean, for absence caused by illness or disability, subject to approval by the Office of the Provost.
Legally, an absence caused by inability to work because of pregnancy, childbirth, or related medical conditions must be treated at least as favorably as an absence caused by illness or disability for all employment-related purposes. At the time a faculty member gives birth, she is entitled to an aggregate of six consecutive weeks of paid maternity leave preceding and following the date of birth.
A physician’s statement certifying that the faculty member is unable to work because of illness or disability and the date on which it is anticipated that he or she can return to work may be required. The University, in addition, may require that the faculty member be examined by a physician designated by the University at no cost to the faculty member. In cases of childbirth, no certification will be required unless the request for leave extends beyond six weeks.
A Tenured/Tenure Track Faculty or a Full-Time Continuing Contract Faculty member who is totally disabled for more than six consecutive calendar months may claim benefits under New York University’s long-term disability insurance.
Personal leave without pay may be granted at the discretion of the dean for a variety of reasons, including those cited below. Tenured/Tenure Track Faculty and Full-Time Continuing Contract Faculty may be granted one or more full semesters of leave without pay for compelling personal reasons, such as care of a seriously ill child, parent, spouse, or registered same-sex domestic partner. Leave by either parent for the purpose of taking care of a child or related activities, as distinguished from inability to work because of pregnancy or childbirth, is treated as personal leave.
Faculty members are entitled to all provisions of the federal Family and Medical Leave Act of 1993 that are not specifically provided for herein. (A copy of “Your Rights under the Family and Medical Leave Act of 1993” is available at the Benefits Office; a set of new rules and updates to the regulations are effective January 2010.)
(Approved by the University Senate March 1, 2007)
In order to provide relief to eligible full-time faculty members faced with the additional demands of being the primary care-giver to a newborn child, newly adopted child, new foster care or guardianship placement, or newly-established legal custodial care, New York University’s workload relief policy grants one semester of workload relief from classroom teaching and administrative committee work or two semesters of half relief from such duties based on the individual’s normal yearly workload at full salary. Workload relief is not considered a leave as faculty members are expected to make themselves available to the extent reasonable and practicable for their customary responsibilities of research, student consultation, and advising.
The faculty member’s school remains financially responsible for the faculty member’s salary during the workload relief period. Financial support for workload relief of classroom teaching, necessitated by having to hire appropriate replacements, is to be borne by a University workload relief fund. Please see the Workload Relief for Eligible Child Caregivers form (PDF: 209KB) for details.
Individuals eligible for workload relief benefits include all Tenured/Tenure Track Faculty and Full-Time Continuing Contract Faculty. To qualify for workload relief, the faculty member must be the parent primarily responsible for the care of a newborn child, newly adopted child, new foster care or guardianship placement, or newly-established legal custodial care. In all circumstances, only one parent may be considered primarily responsible for the care of the child. If both parents could be eligible under this policy because they are both eligible full-time faculty, each such eligible faculty member could qualify sequentially for a half semester if the designation of primary responsible parent changed, but the total amount of workload relief would not increase.
Normally the first semester of workload relief will be the semester in which the temporary disability leave for childbirth is completed, the semester in which the adoption, foster care or guardianship takes place, in the case of the birth parent, or the semester in which the birth takes place. If these events occur between semesters when classes are not in session, the first semester of the workload relief typically will be the following semester.
In the case of childbirth, at least five months before the start of the first semester of relief, a faculty member wishing to utilize workload relief for parenting under this plan should inform his or her Department Chair by filling out a Workload Relief Form, certifying that she/he is the primary caregiver and stating her/his intentions to take one (1) full semester or two (2) half semesters of relief. The form should be submitted to the person responsible at his/her School for processing the request as listed on the Workload Relief contact sheet. Details of the workload relief arrangement must be decided in consultation with the department chair or, in Schools without departmental organization, with the dean. In the case of adoption, foster care or guardianship, the faculty member should alert the department chair or dean as early as possible. Tenure clock stoppage will be granted for a cumulative maximum of two academic years or four semesters during the probationary period to a faculty member who is the primary caregiver of a child whether or not the faculty member avails herself or himself of workload relief. The one full semester of relief or two half semesters of relief will count as credit toward a faculty member’s sabbatical leave. (See below, Tenure Clock Stoppage for Personal Reasons.)
This policy is not intended to replace leave available to faculty members who are eligible for leave for the birth of a child, an adoption, or foster care placement under the Family and Medical Leave Act of 1993 (“FMLA”). A set of new rules and updates to the regulations are effective January 2010. FMLA will run concurrently with workload relief as either intermittent or reduced workload leave. An FMLA certification must be completed and submitted with the Workload Relief Form to determine FMLA eligibility. Eligible faculty members may still elect to take unpaid FMLA leave if they wish to provide no service while providing care for their newborn child, newly adopted child, or foster care or guardianship placement.
During a leave of absence, benefits may be affected. The Benefits Office should be contacted for details regarding how to continue benefit coverage and the length of time for which benefits may be continued. It is a faculty member’s responsibility to contact the Benefits Office to arrange for continuation of benefits.